Helping a young person find out if they have immigration options

This page helps adults spot signs that a young person should get a legal screening. It is general information, not legal advice. For support at school, see How teachers, counselors and pastors can support undocumented students.

Why does this matter?

Young people have more paths to protection than most adults. Some have a path because of what happened to them. Some are already U.S. citizens and don't know it. Many of these paths close at a birthday or a deadline. A student who gets screened at 17 may have choices that are gone at 21.

You are often the first adult who hears the story. That is why a teacher, coach or youth pastor can make the difference.

What am I allowed to ask?

Don't ask about status. Listen, and offer a referral.

In California, staff of a public school district, county office of education or charter school may not collect information or documents about the citizenship or immigration status of students or their families, except when the law requires it to run a state or federal program (Education Code 234.7(a)(1), checked October 21, 2026). Schools have had to update their policies to match by March 1, 2026 (California Attorney General K to 12 guidance, checked October 19, 2026).

So in practice:

• Don't ask "Are you undocumented?" or put status in a note, email or file.
• Do say something open, like: "If you or your family ever have questions about immigration, there are free, private lawyers who can help. Do you want the number?"
• Do give the same resource sheet to everyone, so no one is singled out.
• If a student volunteers information, listen, keep it to yourself, and don't write it down. Point them to a lawyer.

Outside public schools (churches, clubs, community programs), the same habits protect young people.

Who can give legal advice?

Only a licensed attorney, or an accredited representative working for an organization recognized by the U.S. Department of Justice, may give immigration legal advice. USCIS says this plainly on its own pages (USCIS TPS page, Avoid Scams, read October 21, 2026). A teacher, pastor or "notario" may not. You can share general facts, like the ones on this page, and phone numbers. Leave the "you qualify" or "you don't" to the lawyer.

What signs should make me refer a young person?

You do not need the details. Any one of these is a reason to refer.

The first row surprises people the most. Under federal law, a child born abroad automatically becomes a citizen when at least one parent is a U.S. citizen, the child is under 18, and the child lives in the U.S. in that parent's legal and physical custody as a green card holder (8 U.S.C. 1431(a)). Some children born abroad to a citizen parent are citizens from birth. A lawyer can check, and USCIS can issue proof on Form N-600 ($1,385 on paper, fee waiver possible, checked October 19, 2026).

Why does age matter so much?

Because several paths depend on age on a certain date:

• SIJS: the young person must be under 21 when the petition is filed. Before that, a state court must make findings about the parent and the child's best interest. In California, juvenile, probate and family courts can make those findings (Code of Civil Procedure 155, checked October 21, 2026). Court steps take time, so an 18, 19 or 20 year old should be screened now. See Can I still get SIJS if I am 18, 19 or 20?
• Derived citizenship: the conditions must be met before 18.
• Asylum: the one year deadline does not apply to unaccompanied children (8 U.S.C. 1158(a)(2)(E)). For everyone else, it runs from the last arrival.
• Family petitions: a child's place in line and category can change at 21 or with marriage.

When you refer, it helps to say "this is time sensitive" to the clinic if the young person is 17 or older.

What if a student tells me they are being hurt?

Your duty to protect comes first. In California, employees and many volunteers at public and private schools are mandated reporters of child abuse and neglect (Penal Code 11165.7, checked October 21, 2026). Follow your school's reporting steps. If anyone is in immediate danger, call 911.

Reporting and immigration help are separate. A report does not ask about status. Once the child is safe, the same facts that led to a report may matter for SIJS, a U visa or a T visa. Make sure the family also gets a legal referral.

How do I make the referral?

1. Ask permission. "Would it help if I gave you the number of a free immigration lawyer?" Let the young person or parent decide.
2. Give a number, not a diagnosis. Don't say "you can get a visa." Say "they can tell you what options you might have."
3. Offer practical help. Time off class, a quiet room for the call, a ride, an interpreter.
4. Help them gather papers, only if they want: birth certificate, passport, any immigration papers, school records, court papers. Never keep copies yourself.
5. Follow up once, privately: "Were you able to call?"
6. Watch for scams. If a family says someone promised a sure result or charged for a blank form, send them to Warning signs of an immigration scam.

What should I never do?

• Never ask for, copy or store immigration papers.
• Never tell a young person they do or don't qualify.
• Never contact immigration authorities about a student or family.
• Never share what a student told you with other staff unless your reporting duty requires it.
• Never recommend a notario or a person who is not a lawyer or accredited representative.
• Never let a young person put off a screening "until later." Later may be past 21.

Is there a checklist I can print?

Questions people ask

What if the parent doesn't want help? Respect that. A teen can still talk privately with a lawyer, and many clinics see young people directly. Give the number and leave the door open.

Will a screening put the family at risk? A screening is a private conversation, not an application, and nothing is sent to the government. The family can ask the clinic how it protects their information before they share anything. Filing an application carries its own risks, and that is exactly what the lawyer will weigh with them.

I teach adults. Does this apply? Some of it. Crime victim, trafficking and fear based paths have no age limit. SIJS and derived citizenship do.

A student says their cousin's friend can "fix papers." What do I say? Say that only lawyers and DOJ accredited representatives may give legal advice, and give the clinic list.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA) (low income residents of San Mateo and Santa Clara counties). SIJS, asylum, survivor cases and deportation defense. 650-326-6440. Walk in at 1861 Bay Road, Monday to Friday, 9 a.m. to 1 p.m. clsepa.org
• Bay Area Legal Aid (Bay Area counties). Advice line in all languages, 1-800-551-5554. VAWA, U, T and SIJS for survivors. baylegal.org
• Legal Aid Society of San Mateo County, LIBRE (San Mateo County). Limited help with VAWA, U visas and SIJS for teen parents and other vulnerable immigrants. Attorney appointments (650) 517-8936; main line (650) 558-0915. legalaidsmc.org
• Immigration Institute of the Bay Area, Redwood City. Free first consultation by appointment, (650) 587-1558. iibayarea.org
• Anywhere in California: CDSS legal services list. Anywhere in the U.S.: immigration court pro bono list.